Administrative Rules Community Colleges

(a) Administrative personnel means employees in positions designated by the board of trustees as administrative according to Community College Management Information System reporting requirements.

(b) Instructional personnel means employees in positions designated by the board of trustees as instructional according to Community College Management Information System reporting requirements.

(c) Other personnel means employees other than those in (l)(a) and (b) herein, and employees of other boards and agencies who have been assigned by their employers to serve the board of trustees.

(2) Commissioner means the Commissioner of Education.

(3) Chancellor means the Chancellor of the division of community colleges.

(4) President means the president of a community college.

(5) College means a public educational institution operated by a community college district board of trustees and defined in Sections 1004.65(1)(3)(6)(a), 1000.04, 1000.21, 1012.01 and1004.65, Florida Statutes.

Specific Authority 1001.02(1)(9), 1004.65 FS. Law Implemented 1001.02, 1001.03, 1001.64 FS. History - Formerly 6A-8.02, Repromulgated 12-19-74, Amended 10-28-75, 12-26-77, 4-27-82, 7-26-84, Formerly 6A-14.02.

6A-14.0061 Campus, Center, Special Purpose Center and Instructional Site Designations.The Division of Community Colleges shall receive proposals from local boards of trustees to establish campuses, centers, and special purpose centers, and shall recommend for or against the establishment of the requested site to the State Board of Education. The State Board of Education shall approve or disapprove the proposal for a new site. The following shall apply.

(1) A campus is an instructional and administrative unit of a community college, consisting of college owned facilities and staffed primarily by full-time personnel. It houses a full range of instructional services and of institutional, instructional, and student support services. Facilities and other resources are sufficient to accommodate at least one thousand (1,000) full-time equivalent students and is in compliance with the certain criteria established in Rule 6A-2.039(1)(a)5., FAC.

(2) A center is an instructional and administrative unit with limited support services. It consists of college owned or unowned facilities and is staffed primarily by full-time personnel. It does not necessarily offer a full range of instructional programs or courses and is in compliance with the criteria established in Rule 6A-2.039(1)(a)5., FAC.

(3) A special purpose center is a unit of a community college consisting of college owned facilities or unowned facilities leased for more than one year that provides a limited number of special, clearly defined programs or services, such as instruction or administration, and is in compliance with Rule 6A-2.039(1)(a)6., FAC.

(4) An instructional site is an instructional unit of a community college that offers students a very limited range of instructional programs or courses in unowned facilities leased for one year or less with no support services.

(5) Proposals to establish campuses or centers shall document the following conditions.

(a) The proposed expansion is part of and consistent with the master plan of the community college.

(b) Expanded or new instructional services and support services are necessary to adequately serve the community college district.

(c) Existing campuses have at least three thousand (3,000) full-time equivalent students each, and projected enrollments are stable or increasing, when the proposal is to establish a campus.

(d) Facilities at existing campuses, as identified in the master plan of the community college, are substantially complete.

(e) Enrollment projections in the master plan of the community college are for at least one thousand (1,000) full-time equivalent students for a proposed campus or at least four hundred (400) for a proposed center. A proposed center to provide central administrative services for a community college shall be exempt from this enrollment condition.

(f) The proposed expansion is in conjunction with other educational agencies within the community college district and adjacent to the district.

(g) Alternatives to the proposed expansion were considered by the board of trustees.

(6) Proposals to establish a special purpose center shall document the following:

(a) The proposed expansion is part of and consistent with the master plan of the community college.

(b) The proposed services are necessary to adequately serve the community college district.

(d) Projected facility needs justify expansion.

(e) Proposed expansion is in conjunction with the other educational agencies within the community college district.

(f) Alternatives were considered by the board of trustees.

(7) Exceptions to (5) and (6) herein are authorized when justified in the judgment of the State Board of Education due to the nature of the services to be provided, the number and types of students to be served, the population to be served, transportation problems, the availability of acceptable sites and facilities, urban density, energy conservation, or population shifts. Urban density refers to sites where no additional land is available to expand existing campuses and where the urban build-up limits any campus expansion.

(8) The Division of Community Colleges may use the services of the office of Educational Facilities and of others to evaluate proposals and develop recommendations.

Specific Authority: 1001.02(1) (7)(e), 1013.36 FS. Law Implemented: 1013.36, 1013.40 History - New 2-27-84, Formerly 6H-1.40, Amended 6-22-87, Formerly 6H-1.040, Amended 8-18-2004.

6A-14.024 Composition of Boards of Trustees.

(1) The number of trustees on community college boards of trustees shall be:

(a) One (1) county district boards - five (5) or seven (7) trustees as decided by the board.

(b) Two (2) county district boards - five (5) trustees from the county of location and four (4) from the cooperating county. However, if the county of location has more than five (5) times the population of the cooperating county as determined by the U. S. Census, there shall be three trustees from the cooperating county.

(c) Three (3) and four (4) county district boards - three (3) trustees from the county of location and two (2) from each cooperating County.

(d) Five (5) county district boards - three (3) trustees from the county of location, two (2) from each of the two (2) more populous cooperating counties, and one from each of the two (2) less populous cooperating counties.

(e) Six (6) county district boards - three (3) trustees from the county of location, two (2) from the most populous cooperating county, and one (1) from each of the remaining counties.

(2) Population shall be determined by the most recent population estimates published by the Legislative Office of Economic and Demographic Research.

(3) Notwithstanding (1), the number of trustees for the boards of trustees of the following community colleges shall be:

(a) South Florida Community College - four trustees from Highlands County, two trustees from Hardee County, and two from DeSoto County.

(b) Gulf Coast Community College - five trustees from Bay County, three trustees from Gulf County, and one trustee from Franklin County.

(c) Edison Community College - three trustees from Lee County, two trustees from Charlotte County, two trustees from Collier County, one trustee from Glades County, and one trustee from Hendry County.

(4) Trustees shall be appointed for terms of four years and may be reappointed. Terms shall expire on May 31 of the year of expiration, or as soon thereafter as the successors shall be qualified to serve. Residential address shall determine a trustee's county of origin.

(5) In the event of a violation of this rule, adjustments shall be made immediately, except that the number of trustees from a county shall not be reduced until terms expire or resignations are tendered.

(6) When changes in board composition are required by law or by this rule the Governor shall stagger the length of terms of the board positions next in line for appointment in such a manner as to provide for future position expiration dates as equal in number as possible in each succeeding year for each county. In such cases, where eight or more trustee positions will exist in any college, then at least two terms will expire each year. Where less than eight trustee positions will exist, then at least one but not more than two trustee positions will expire each year.

(7) Community colleges shall annually report to the Chancellor the composition of their boards of trustees, including the name, residential address (with county), e-mail address, home and business telephone numbers, and end of term.

Specific Authority: 1001.02(1), 1001.02(9), 1001.61(1) FS. Law Implemented: 1001.61(1), Laws 1984 c.84-336, 44, History - Formerly 6A-8.06, Repromulgated 12-19-74, Amended 12-26-77, 7-26-84, 11-5-85, Formerly 6A-14.24, Amended 12-06-90, 7-20-04.

6A-14.026 Employment of a President. Boards of trustees shall notify the State Board of Education of the appointment, suspension, or dismissal of presidents immediately upon such action. At the time the contract is issued, the board of trustees shall inform the president of duties and responsibilities, of the procedure by which performance shall be evaluated, and of the criteria for evaluation. The board shall evaluate the president annually. After completion of the evaluation and acceptance by the board of trustees, the notice of findings shall be submitted to the Chancellor of the Division of Community Colleges for review.

Specific Authority: 1001.02(1), 1001.02(9)(a), 1001.02(7)(b), 1001.64(19) FS. Law Implemented: 1001.64(18)(19), 1001.61, 1001.64 FS. History - Formerly 6A-8.30, Repromulgated 12-19-74, Amended 10-28-75, 12-26-77, 7-26-84, Formerly 6A-14.26, Amended 7-20-2004.

6A-14.0261General Powers of the President. The president shall:

(1) Exercise general oversight of the college to determine needs and recommend improvements.

(2) Advise and counsel the board of trustees and recommend board action.

(3) Recommend and enforce rules of the board of trustees.

(4) Recommend and enforce minimum standards for the operation of college programs and for student completion of instructional programs.

(5) Perform duties and exercise responsibilities assigned by law, by rules of the State Board of Education, and by the board of trustees.

(6) Delegate authority necessary to insure that laws and rules are executed efficiently.

Specific Authority: 1001.02(1), 1001.02(9), 1001.65 FS. Law Implemented: 1001.61, 1001.64 FS. History - Formerly 6A-8.77, Repromulgated 12-19-74, Amended 12-9-75, 12-26-77, 7-26-84, Formerly 6A-14.261.

6A-14.029 Staff and Program Development.

(1) Each community college shall adopt policies on staff and program development. Each community college shall identify within its annual operating budget funding to support staff and program development activities as defined herein, as well as activities to achieve its goals for implementation of its 1985-88 Educational Equity Act plan and other related EA/EO activities.

(2) Staff and program development plans and activities shall follow the definitions herein.

(a) Staff development is the improvement of staff performance through activities which update or upgrade competence specified for present or planned positions. Staff includes all college employees.

(b) Program development is the evaluation and improvement of existing programs, including the design of evaluation instruments to establish bases for improvements, as well as the designing of new programs.

Specific Authority: 1001.02(1), 1001.02(9)(d), 1001.64(18) FS. Law Implemented: 1001.64(2), 1010.01, 1010.02, 1011.82(1) FS. History - Formerly 6A-8.761, Repromulgated 12-19-74, Amended 12-26-77, 7-2-79, 7-6-82, 3-8-83, 8-10-83, 7-26-84, 8-29-85, Formerly - 6A-14.29, Amended 8-19-86, 9-16-87, 1-8-91, 7-30-91, 10-6-92, 9-5-93, 7-19-94, 8-28-95, 7-20-2004.

6A-14.030 Instruction and Awards in Community Colleges. Community colleges are authorized to provide instruction and to confer degrees, certificates, and diplomas only as prescribed herein. Any degree program, certificate, or diploma program offered at a community college shall be offered at the established standard credit hour length. Revisions to the standard credit hour lengths and the lengths of new programs added to the Statewide Program Inventory list must be approved by the Division of Community Colleges.

(1) Associate in arts degree. Each community college shall provide programs of instruction consisting of courses offered to freshmen and sophomores in baccalaureate programs. The courses shall be classified in the Community College Management Information System as advanced and professional courses. Satisfactory completion of courses within the programs shall be recognized by the award of units of measure called college credit. The associate in arts degree shall be awarded upon satisfactory completion of a planned program of sixty (60) college credits, unless otherwise provided by law, after demonstration of the attainment of predetermined and specified performance requirements. Courses not accepted in the State University System shall not be included in the sixty (60) credits required for the degree.

(2) Associate in science degree. Each community college is authorized to provide programs of instruction consisting of college level courses to prepare for entry into employment. The courses shall be based in theory and of sufficient complexity, rigor, and theory to be college level. The courses shall be classified in the Community College Management Information System as advanced and professional courses or postsecondary vocational courses. The programs shall not include courses classified as postsecondary adult vocational courses. Satisfactory completion of courses within the programs shall be recognized by the award of units of measure called college credit. Effective with the Fall Term 2000, the associate in science degree shall be awarded upon satisfactory completion of a planned program of study comprised of the standard credit hour length established, including demonstration of the attainment of predetermined and specified performance requirements, and subject to law and rule. Courses not accepted in the State University System shall not be included in the general education core required for the degree. Associate in science degrees that articulate with baccalaureate degrees under the provisions of 6A-10.024(6)(c), F.A.C., shall meet the specific provisions contained therein. The standard credit hour length of all associate in science degree programs shall be kept according to the Department of Education publication AFlorida Community College System Program Length Document: 2003@ incorporated herein by reference. Copies may be obtained through the Division of Community Colleges, Department of Education, Tallahassee, Florida 32399-0400.

(3) Associate in Applied Science Degree. Each community college is authorized to provide programs of instruction consisting of college-level courses to prepare for entry into employment. The courses shall be based in theory and be of sufficient complexity, rigor, and theory to be college level. The courses shall be classified in the Community College Management Information System as advanced and professional courses or postsecondary vocational courses. The programs shall not include courses classified as postsecondary adult vocational courses. Satisfactory completion of courses within the programs shall be recognized by the award of units of measure called college credit. Effective with the Fall Term 2000, the associate in applied science degree shall be awarded upon satisfactory completion of a planned program of study comprised of the standard credit hour length established, including demonstration of the attainment of predetermined and specified performance requirements, and subject to law and rule. The standard credit hour length of all associate in applied science degree programs shall be kept according to the Department of Education publication AFlorida Community College System Program Length Document: 2003@ incorporated herein by reference. Copies may be obtained through the Division of Community Colleges, Department of Education, Tallahassee, Florida 32399-0400.

(4) A Technical Certificate consisting of a program of instruction of less than sixty (60) credits of college-level courses, which is part of an associate in science degree (A.S.) or an associate in applied science degree (A.A.S.) program offered in the State of Florida and which prepares students for entry into employment, may be awarded to students who evidence satisfactory completion of the program.

(5) An Applied Technology Diploma consisting of a course of study that is part of an associate in science degree (A.S.) or an associate in applied science degree (A.A.S.), is less than sixty (60) credit hours, and leads to employment in a specific occupation may be awarded to students who have met the requirements of that diploma. An applied technology diploma program may consist of either technical credit or college credit.

(6) An Advanced Technical Certificate consisting of a program of instruction of nine (9) hours or more but less than forty-five (45) credit hours of college-level courses may be awarded to students who have already received an associate in science degree or an associate in applied science degree and are seeking an advanced specialized planning program of study to supplement their associate degree.

(7) Career and Technical Certificate. Each community college and postsecondary technical center may provide programs of instruction consisting of noncollege-level courses to prepare for entry into employment. The courses shall be classified in the Community College Management Information System as postsecondary adult career and technical courses. Satisfactory completion of courses within the programs shall be recognized by the award of units of measure called technical credit. Upon satisfactory completion of a planned program, including the demonstration of the attainment of predetermined and specified performance requirements, and subject to law and rule, the career and technical certificate shall be awarded.

(8) Continuing Workforce Education. Each community college may provide continuing education instruction tailored to individual needs and designed to improve job performance. Such instruction shall be classified in the Community College Management Information System as continuing workforce education, a noncredit classification.

(9) High school diploma. Each community college with responsibility for adult basic and secondary instruction, shall provide adult basic and secondary instruction as defined in Section 1004.02, Florida Statutes. Such instruction shall be classified in the Community College Management Information System as adult basic and secondary, a noncredit classification. Upon satisfactory completion of a planned high school program, including the demonstration of the attainment of predetermined and specified performance requirements, and subject to law and rule, the high school diploma shall be awarded.

(10) Preparatory instruction. Each community college shall provide, according to the needs of its students, instruction to remedy deficiencies in the knowledge and skills judged necessary upon entry into a degree or certificate program of instruction in order to progress satisfactorily through the program. Such instruction shall be classified in the Community College Management Information System as preparatory. Satisfactory completion of such instruction shall be recognized by the award of units of measure called preparatory credit.

(a) College preparatory. Preparatory instruction for students to enroll in college credit instruction shall be classified in the Community College Management Information System as college preparatory. Satisfactory completion of such instruction shall be recognized by the award of units of measure called college preparatory credit.

(b) Vocational preparatory. Preparatory instruction for students to enroll in technical credit instruction shall be classified in the Community College Management Information System as vocational preparatory. Satisfactory completion of such instruction shall be recognized by the award of units of measure called vocational preparatory credit.

(11) Lifelong learning instruction. Each community college shall provide instructional activities to address community social and economic issues related to health and human relations, government, parenting, consumer economics, and senior citizens. Such instructional activities shall be classified in the Community College Management Information System as lifelong learning, a noncredit classification.

(12) Recreational and leisure time instruction. Each community college shall provide instructional activities to develop recreational or leisure time skills. Such instructional activities shall be classified in the Community College Management Information System as recreational and leisure time, a noncredit classification.

(13) These provisions shall not prevent community colleges from conferring honorary degrees, certificates, or diplomas.

Specific Authority: 1001.02(9)(c)(d), 1001.02(1), 1001.03(12), 1004.02, FS. Law Implemented: 1001.03(12), 1004.93, 1004.91, FS. History - Formerly 6A-8.50, Repromulgated 12-19-74, Amended 8-27-84, 8-29-85, Formerly 6A-14.30, Amended 5-14-91, 11-10-92, 5-2-95, 2-13-96, 12-30-99, 5-3-01, 7-20-2004.

6A-14.0301 Withdrawal and Forgiveness.Community colleges shall adhere to the following procedures relating to student withdrawal from courses and to conditions under which forgiveness for grades earned will be granted to the student.

(1) Withdrawal.

(a) The student may withdraw without academic penalty from any course by the mid-point in the semester. Midpoint shall be defined as the point after which midterm assessments are completed, not to exceed 70 percent of the term. Withdrawals after that date would be granted only through established institutional procedures.

(b) The student will be permitted a maximum of two (2) withdrawals per course. Upon the third attempt, the student will not be permitted to withdraw and will receive a grade for that course.

(2) Forgiveness. Each college shall publish, in the catalog or student handbook, a statement which:

(a) Limits forgiveness to courses where D and F grades were earned.

(b) Limits to two (2) the number of times a course grade may be forgiven.

(c) Advises students regarding the potential impact of forgiven courses in the computation of a student's grade point average in transferring to other institutions, either public or private, and the need to consider the impact of retaking a course on their specific financial aid package.

(d) Courses may be repeated if they are designated as repeatable, such as choir, music, or journalism or are individualized courses of study; or if they are required to be repeated by a regulatory agency; or are being repeated as part of a regulatory requirement for continuing education to stay current in a field, such as teacher certification.

(3) Total attempts. A student may have only three (3) attempts per course including the original grade, repeat grades, and withdrawals at any point in the semester. A fourth attempt may be allowed only through an academic appeals process based on major extenuating circumstances.

(4) The number of total attempts allowed per course may be restricted for students enrolled in limited enrollment programs. Notification of such restrictions must be provided to students in writing upon admission to the limited enrollment program.

(5) Audit enrollments shall not count as attempts unless such enrollment is declared after the end of the drop/add period. College preparatory students, who are required to be certified as completing competency-based college preparatory instruction, shall not be enrolled as audits.

(6) Exceptions to the above provisions may be granted through an academic appeals process in accordance with the policies of the local board of trustees.

(7) Effective date. These procedures shall be implemented by the community college no later than the Fall 1997 academic term.

Specific Authority: 1001.02(1)(9 FS. Law Implemented: 1001.02(9) FS. History - New 8-13-96, Amended 8-17-98, 1-23-00, 7-20-2004.

6A-14.031 Acceleration Mechanisms for Program Completion.

(1) Each community college degree and certificate program shall provide students opportunity to complete at least twenty-five percent (25%) of the program requirements, exclusive of transfer credit, through:

(a) Satisfactory performance on standardized, institutional, or departmental examinations;

(b) Satisfactory performance in secondary school Advanced Placement Programs of the College Entrance Examination Board;

(d) Demonstration of competence achieved through experiential learning; or

(e) Any combination of the above.

(2) Community colleges shall award credit for courses for which competence has been demonstrated by satisfactory performance on an examination. Institutions shall not exempt students from courses without awarding credit if competence has been so demonstrated.

(3) Community colleges shall provide for early admission according to Rule 6A-1.095(2), FAC.

(4) Community colleges shall report each year the number of students involved in and the credit awarded through the acceleration mechanisms identified herein.

(5) Community colleges shall describe the acceleration options available and the criteria governing such options in their catalogs and related publications and advisement materials.

Specific Authority: 1001.02(1), 1001.03, 1001.02(9), FS. Law Implemented: 1007.22 1007.25 FS. History - Formerly 6A-8.59, Repromulgated 12-19-74, Amended 4-8-75, 7-26-84, Formerly 6A-14.31.

6A-14.041 Personnel Contracts.

(1) Contract forms for college personnel shall be prescribed by the board of trustees.

(2) Periods of service. Full-time administrative personnel may be given multi-year contracts not to exceed three (3) years, but other contracts, except for the president, shall not exceed twelve (12) months.

(3) A contract shall not create the expectancy of employment beyond the term of the contract. Non-renewal of a contract shall not entitle the person to the reasons for non-renewal or to a hearing.

Specific Authority: 1001.02(1), 1001.02(9), 1001.64(18), 1012.83, 1012.855 F.S. Law Implemented: 1012.83 F.S. History - Formerly 6A-8.31, Repromulgated 12-19-74, Amended 1-29-76, 12-26-77, 7-16-79, 1-6-83, 9-11-84, 11-5-85, Formerly 6A-14.41, Amended 12-25-86, 7-20-2004.

c.f. Rules of the Department of Administration, Division of Retirement, Chapter 22B-2, FAC Creditable Service.

6A-14.0411 Issuance of Continuing Contracts. Continuing contracts are to be awarded for service in a full-time faculty capacity as determined by the college consistent with the following rules:

(1) In order to be eligible for a continuing contract, faculty must meet the following minimum requirements:

(a) Completion of three (3) years of satisfactory service in the same college during a period not in excess of five (5) years with such service being continuous except for leave duly authorized and granted.

(b) Recommendation by the president and approval by the board for continuing contract based on successful performance of duties and demonstration of professional competence.

(2) Other criteria for a continuing contract colleges may consider including, without limitation, educational qualifications, efficiency, compatibility, character and capacity to meet the educational needs of the community, and the length of time the duties and responsibilities of this position are expected to be needed. Colleges shall provide in writing to faculty a copy of the criteria for a continuing contract.

(3) The continuing contract shall be effective at the beginning of the annual college contractual periods.

(4) Each employee issued a continuing contract shall be entitled to continue in a faculty position at the college without the necessity for annual nomination or reappointment until the employee resigns except as otherwise provided in this rule.

(5)(a) The college may dismiss an employee under continuing contract or return the employee to an annual contract upon recommendation by the president and approval by the board. The president shall notify the employee in writing of the recommendation, and upon approval by the board, shall afford the employee the right to a hearing in accordance with the policies and procedures of the college. As an alternative to the hearing rights provided by college polices and procedures, the employee may elect to request an administrative hearing in accordance with the guidelines of Chapter 120, Florida Statutes, by filing a petition with the board within twenty one (21) days of receipt of the recommendation of the president.

(5)(b) Upon consolidation, reduction, or elimination of a community college program or restriction of the required duties of a position by the board. The board may determine on the basis of the criteria set forth in (1) and (2), which employees should be retained on a continuing or annual contract and which dismissed. The decision of the board shall not be controlled by any previous contractual relationship. In the evaluation of these factors, the decision of the board shall be final.

(6) Any employee holding a continuing contract who accepts an offer of annual employment in a capacity other than that in which the continuing contract was awarded may be granted an administrative leave of absence pursuant to the college's administrative rules.

Specific Authority: 1001.02(1), 1001.02(9), 1012.83, 1012.855, FS. Law Implemented: 1012.83 FS. History - Formerly 6A-8.33, Repromulgated 12-19-74, Amended 12-9-75, 2-14-77, 12-26-77, 7-16-79, Formerly 6A-14.411, Amended 7-20-2004.

6A-14.0432 Military Leave.

(1) Leave shall be granted to employees who are ordered to:

(a) Federal active or inactive duty training due to membership in military reserves, including the National Guard. The first seventeen (17) days of such leave per year shall be with pay. Leave beyond the seventeen (17) days shall be without pay.

(b) State active duty due to membership in the Florida National Guard. Such leave not exceeding seventeen (17) days at any one time shall be with pay. Leave beyond the seventeen (17) days at one time shall be without pay.

(2) Leave granted to employees for extended active military service shall be according to Sections 115.09, 115.14, and 295.09, Florida Statutes.

Specific Authority: 115.09, 115.14, and 295.09 1001.02(1), 1001.02(9), 1012.855, FS. Law Implemented: 115.09, 115.14, and 295.09, FS. History - Formerly 6A-8.7253, Repromulgated 12-19-74, Amended 3-11-85, 11-5-85, Formerly 6A-14.432.

6A-14.047 Personnel Records.

(1) Personnel records shall contain information for efficient personnel administration which shall include, but not be limited, to dates of appointment, periods of employment, contract status, duties performed, records of leave, and evidence of factors used to calculate salary, retirement system records, and related documentation as determined by the college.

(2) Records about employee performance shall be released only according to Section 1012.81, Florida Statues.

(3) Personnel records and limited access files shall be maintained by custodians designated by the college president. Specific Authority: 1001.02(1),1001.02(9), 1012.81, FS. Law Implemented: 1012.855, 1012.81 F.S. History - Formerly 6A-8.751, Repromulgated 12-19-74, Amended 6-27-78, 12-19-84, Formerly 6A-14.47, Amended 7-20-2004.

6A-14.0491 Instructional Personnel - Availability to Students. Each community college board of trustees shall establish a policy on the availability of instructional personnel to students. The policy shall require full-time instructional faculty to schedule a minimum total of twenty-five hours per week for classroom contact hours and office hours as adjusted for assignments during non-traditional academic terms and non-traditional delivery. The policy shall require that the schedule of these hours to be publicly posted. Full-time instructional faculty shall be available to students during these posted hours according to the policy of the local board of trustees. Part-time faculty shall be available to students as prescribed by board policy.

Specific Authority 1001.02(9), 1001.64(18) F.S. Law Implemented 1001.64(18) F.S. History - New 7-20-2004.

6A-14.054 Student Fees. Each board of trustees shall establish, publish, collect, and budget student fees, and shall establish dates for paying fees. The dates shall be not later than the last day of the drop and add periods established by the boards.

(1) The percentage of the cost of education to be paid by students shall be computed annually from the Community College Program Fund by the Division of Community Colleges, on behalf of the State Board of Education, for three (3) categories of instructional classifications: advanced and professional, postsecondary vocational, and college preparatory. The cost of each category shall be calculated by applying the percentage factors from the most recent annual cost analysis of the general current fund to the Community College Program Fund of the prior year.

(2) Tuition fees shall be charged only for instruction provided by the college. Tuition fees shall not be charged for the assessment of prior learning or the awarding of credit based on prior learning, regardless of whether the prior learning was acquired through instruction provided by the college or through instruction or experience external to the college.

(3) Each board of trustees may allow a discount or charge a premium to tuition or out-of-state fees for the purpose of resource management. The resultant tuition and out-of-state fees shall be within the ranges specified in Section 1009.23(4), Florida Statutes.

(4) Recreational and leisure time instruction. Each board of trustees shall establish fees for recreational and leisure time instruction which generate annual revenue at least equal to the full cost of such instruction.

(5) Audit fees. Students who audit courses shall pay the same fees as required of students enrolled for credit.

(6) Each board of trustees may establish user fees in addition to tuition fees for services that incur unusual costs. Such user fees shall not exceed the cost of the goods or services provided and shall only be charged to students or agencies receiving those goods or services.

(7) Each board of trustees shall have the authority to negotiate tuition fees for courses and programs contracted by external agencies and companies which vary from the tuition fee provided for in this rule. Such negotiated fees may exceed the full cost of instruction. The courses and programs of instruction funded from these negotiated fees shall not be reported for state funding purposes.

(8) Veterans and other eligible students under Section 1009.27(2), Florida Statutes, shall receive, upon request, one (1) deferment per academic year for the payment of registration fees. Upon request, such persons shall receive an additional deferment each time there is a delay in receipt of such benefits. Such deferments shall be for sixty (60) days, except they shall not extend beyond the end of the term.

(9) When institutional, state, or federal financial aid other than veterans' benefits is delayed in being transmitted to students through circumstances beyond their control, registration fees may be deferred up to sixty (60) days, but not beyond the end of the term, unless the institutions, state, or federal rules or regulations require additional time, events, or documentation that cannot be completed within the prescribed sixty (60) day period. Failure to make timely application for such aid shall not be a reason for granting deferral. The deferment shall be in accordance with rules adopted by the board of trustees setting forth the conditions under which the deferment shall be granted. A list of persons for whom fees are deferred and the amount of fees deferred shall be maintained.

(10) When Florida Prepaid College Program benefits are delayed in being paid from the program to the community college through circumstances beyond the control of the student, registration fees covered by the benefits shall be deferred until the benefits are paid. The community college shall notify the Division of Community Colleges if the benefits are not paid on a timely basis.

(11) When the college has a written promise of payment from business, industry, government unit, nonprofit organization, or civic organization, fees may be deferred as determined by the board of trustees.

(12) Registration fees are defined as tuition, out-of-state, student financial aid, activity and service, capital improvement, laboratory, and all other fees collected during the registration process.

(13) When registration fees are waived by a board of trustees, a list of persons for whom fees are waived, documentation supporting the waivers, and the amount of fees waived shall be maintained.

Specific Authority: 1001.02(1), 1001.64(4)(b), 1001.02(9), 1009.27, 1009.23(4) FS. Law Implemented: 1001.02(9), 1001.64, 1004.93, 1007.271, 1009.23, 1009.27, FS. History - Formerly 6A-8.611, Repromulgated 12-19-74, Amended 4-8-75, 9-8-76, 1-10-77, 12-26-77, 9-6-78, 4-10-79, 7-2-79, 3-30-81, 7-16-81, 11-12-81, 8-16-82, 3-17-83, 12-20-83, 12-19-84, 5-14-85, 9-10-85, Formerly 6A-14.54, Amended 6-1-86, 11-13-86, 11-24-87, 9-15-88, 11-12-90, 7-1-92, 2-18-93, 2-16-94, 3-21-95, 3-20-96, 11-13-96, 7-20-04.

6A-14.0541 Student Fee Refunds. Each community college board of trustees shall establish a rule for the refund of tuition, out-of-state fees, and other fees assessed pursuant to Rule 6A-14.054, FAC. Such rule shall include the following:

(1) A one hundred percent (100%) refund of tuition, out-of-state fees, and other fees when official drop notification is received and approved prior to the end of the college's published drop/add period.

(2) Criteria for refunds when a student drops a course due to circumstances determined by the college to be exceptional and beyond the control of the student which may include but not be limited to serious illness, death, involuntary call to active military duty, or other emergency circumstance or extraordinary situations identified by college rule.

(3) Exceptions to the hundred percent (100%) refund provision in subsection (1) shall be made pursuant to federal rules for prorated refunds.

(4) Notwithstanding the provisions of Rule 6A-14.076(3), FAC., refunds made pursuant to subsections (2) and (3) shall not affect the calculation of full-time equivalent students.

Specific Authority 1001.02(1)(9), FS. Law Implemented 1001.02(9), 1001.64, 1009.23, 1010.02, FS. History - New 3-24-92, Amended 5-16-94, 7-20-2004.

6A-14.057 Student Activities.

(1) Expenditures from student activity and service fees shall be according to a budget prepared jointly by students and college staff and approved by the president. Each board of trustees shall adopt procedures for student participation in the development of the budget for expenditures funded from the student activity and service fee. Such procedures shall require the budget to be based upon an estimate of total funds generated from this fee as well as an estimate of funds carried forward from the prior year. All lawful expenditures which benefit the student body may be funded from the student activity and service fee fund if such expenditures are included in the approved budget for this fee. Non-religious and religious student organizations may participate without respect to viewpoint and whether or not officers are required to abide by a statement of orthodoxy or faith. Sponsors shall be appointed for student activities so financed.

(2) Student organizations not so financed may be permitted on campus with faculty or staff advisors and under rules of the board of trustees. A college as a service to the organizations, or if necessary for the protection of student members, may provide that organization funds be placed with the college business office to be held in a custodial account and to be withdrawn and expended upon requisition according to the organization's approved budget.

Specific Authority: 1001.02(1)(9), 1009.23(7), 1010.02 FS. Law Implemented: 1001.64, 1001.02(9)(e), 1009.23(7), 1010.02 FS. History Formerly 6A 8.19, Repromulgated 12 19 74, Amended 12 26 77, 4 17 85, Formerly 6A 14.57, Amended 12-18-94, 7-20-2004.

6A-14.0571 Religious Observance by Students. Each board of trustees shall adopt a policy to accommodate the religious observance of students pursuant to Section 1006.53, Florida Statutes.

(1) The policy shall provide for accommodation by providing for reasonable alternative means for students to carry out their responsibilities as students when their religious observance interferes with:

(a) Admission and registration.

(b) Attendance in class, class activities, examinations, and official ceremonies.

(2) The policy shall provide for:

(a) Students to notify instructors in advance of absences to observe religious holy days in their own faith, and to be excused for such absences without penalty.

(b) Students to be held responsible for material covered during their absences, with reasonable time provided to complete make up assignments.

(c) Scheduling major class assignments, major examinations, and official ceremonies on other than major religious holy days whenever practicable.

(d) Students to seek redress when they believe they have been unreasonably denied educational benefits due to their religious beliefs or practices.

(3) The policy shall be made known to faculty and students by publication annually in the institution's handbook, manual, or other similar document regularly provided to faculty and students.

Specific Authority 1006.53 FS. Law Implemented 1006.53 FS. History - New 7-17-89, Formerly 6H-1.043.

6A-14.058 Athletics. Athletics are authorized student activities, and, if conducted, shall be consistent with the basic purposes of the community college. Intercollegiate football shall not be conducted.

Specific Authority: 1001.02, 1001.03, FS. 1001.02(1), 1001.02(9) FS. Law Implemented: 1001.02(9) FS. History - Formerly 6A-8.53, Repromulgated 12-19-74, Amended 3-13-85, Formerly 6A-14.58.

6A-14.060 Accountability Standards.The standards herein provide a basis for quality improvement and for accountability. Each community college shall:

(1) Adopt and follow a periodic needs assessment process to determine the educational services needed within the community college district. The process shall use accurate and current information about the educational services which could be provided by the college pursuant to its purpose. Needs assessment shall be conducted in cooperation with other institutions and agencies serving the district.

(2) Provide a system to enable its students to set educational goals for themselves and to use its services to attain the goals. The system shall recognize that many students establish their goals without direct assistance from the institution. Consideration of student goals shall be an important part of the institutional planning process.

(3) Establish a process to select and retain employees who are successful in helping the college accomplish its purpose. The process shall involve selection, evaluation, development, and retention procedures related to successful performance of the responsibilities for which the personnel are employed.

(4) Provide equal access to and equal opportunity in employment, programs, and services without regard to race, color, age, national origin, religion, marital status, sex or disability.

(5) Develop a comprehensive, long-range program plan, including program and service priorities. Statements of expected outcomes shall be published, and facilities shall be used efficiently to achieve such outcomes. Periodic evaluations of programs and services shall use placement and follow-up data, shall determine whether expected outcomes are achieved, and shall be the basis for necessary improvements.

(6) Establish adequate and sound control of expenditures, efficient operations including energy conservation, and a budget process producing the greatest benefits to the service area. Efficiency is the economical use of resources to support programs. The emphasis is the operation of an effective program at a reasonable cost.

(7) Differentiate between the policy making responsibility of the board of trustees and the management responsibility of the president.

Specific Authority: 1001.02(1)(9), FS. Law Implemented: 1001.02(9) FS. History - Formerly 6A-8.40, Repromulgated 12-19-74, Amended 10-28-75, 12-26-77, 8-25-82, 10-12-82, 3-13-85, Formerly 6A-14.60, Amended 7-20-2004.

6A-14.0715 Transfer of Funds.Transfer of funds from the debt service fund to other funds is not authorized. Transfer of funds from the unexpended plant fund to other funds is not authorized except when approved by the State Board of Education to return funds temporarily advanced to encumber projects authorized and budgeted to be funded from state allocations of construction funds including proceeds from the sale of bonds in accordance with Article XII, Section 9(d), Florida Constitution. Such funds shall be returned the same fiscal year the funds against which the advance was made are received.

Specific Authority 1001.02(9)(f)(g), 1010.02 FS. Law Implemented 1001.02,1010.02 FS. History - Formerly 6A-8.15, Repromulgated 12-19-74, Amended 12-26-77, 3-8-83, 4-30-85, Formerly 6A-14.715

6A-14.0716 Community College Budgets. Each fiscal year, each community college shall prepare a budget in such form as prescribed by the State Board of Education for the Current Unrestricted Fund. Two copies of the budget approved by the board of trustees shall be submitted to the Chancellor, as designee of the Commissioner of Education, by June 30 or on a later date established by the Chancellor. The original or facsimile signature of the president on both copies shall certify board approval.

(1) The Chancellor, as designee of the Commissioner of Education, shall approve the operating budget for each community college after an examination for completeness, correctness, conformity with law and rule, State Board of Education guidelines and preparation according to accepted accounting standards. Anticipated budgeted revenues shall be reasonable and transfers from general current funds shall not handicap current operations. A contingency reserve is authorized in the general current fund.

(2)) Until a budget is approved, ordinary expenses may be paid at the same monthly rate as budgeted for the preceding year.

(3) Boards of trustees are authorized to amend budgets. Amended budgets are required to be in compliance with laws, rules and accepted educational accounting standards.

(a) Budget amendments approved by the board of trustees may reallocate funds between organizational units of a fund and between object codes.

(b) The following budget amendments require approval by the chancellor:

1. Transfer of funds from the Current Unrestricted Fund.

2. Amendments which cause the unencumbered fund balance to be inconsistent with the statutory guidelines specified in Section 1011.84(3)(e), Florida Statutes.

(d) Salary deductions shall be made as required by law or as authorized by the board of trustees and approved in writing by the employee, and shall be remitted promptly.

(4) Each fiscal year, as a part of the official budget, each community college board of trustees shall adopt a capital outlay budget for the capital outlay needs of the college for the entire fiscal year. This budget shall designate the proposed capital outlay expenditures by project for the year from all fund sources. Separate project accounts shall be kept in the Unexpended Plant Fund for all capital outlay projects.

Specific Authority: 1001.02(1)(9), 1011.01, 1011.30 FS. Law Implemented: 1010.01, 1010.02, 1011.30, 1011.84, 1013.61 FS. History - New 9-30-96, Amended 7-20-2004.

6A-14.072 Financial Records and Reports.

(1) Each community college shall keep financial records according to the Department of Education publication, "Accounting Manual for Florida's Public Community Colleges, 2001," incorporated herein by reference. Copies may be obtained through the Division of Community Colleges, Department of Education, Tallahassee, Florida 32399-0400.

(2) Enrollment related financial records shall be kept for all instruction so as to facilitate verification, confirmation, and comparison.

(3) If financial reports are not received from a community college when due, the Chancellor, as delegate of the Commissioner of Education, may withhold apportionments of state funds to the college until the reports are received.

Specific Authority: 1001.02(1),(9), 1010.01(1) FS. Law Implemented: 1010.01, 1001.02(9) FS. History - Formerly 6A-8.11, Repromulgated 12-19-74, Amended 12-26-77, 7-2-79, 5-14-85, Formerly 6A-14.72, Amended 11-12-91, 7-7-92, 2-16-94, 12-18-94, 11-27-95, 11-13-96, 12-9-97, 5-18-99, 2-29-00, 7-29-01, 7-20-2004.

c.f. Accounting Manual for Florida's Public Community Colleges.

6A-14.0734 Procurement Requirements.

(1) Colleges shall, as the circumstances require, publicly solicit the submittal of competitive offers from at least three (3) sources, when purchasing services or commodities exceeding the amount as specified in Section 287.017, Florida Statutes, for Category Two. Solicitations of competitive offers are defined as:

(a) "Competitive sealed bids", "competitive sealed proposals" or "competitive sealed replies", means the process of receiving competitive offers transmitted by secured electronic means or written bids, proposals, or replies.

(b) "Competitive solicitations" or "solicitations" means an invitation to bid, a request for proposal, request for quote, or an invitation to negotiate.

Boards of trustees may adopt smaller amounts beyond which to require the solicitation of competitive offers. The college president or designee reserves the right to reject any or all offers submitted in response to the college's solicitation, and/or solicit new offers as deemed in the college's best interest. When accepting responsive offers to the college=s solicitations, colleges shall accept the lowest or best responsive offer. If other than the lowest or best offer meeting specifications is accepted, the college shall maintain a public record of the justification. Recommendation for awards not exceeding the Category Five threshold as specified in Section 287.017, Florida Statutes, may be approved or rejected by the president or a designee if such authority is delegated in policy adopted by the board of trustees. Recommendation for awards exceeding the Category Five threshold as specified in Section 287.017, Florida Statutes, shall be approved or rejected by the board of trustees.

(2) Exceptions to the requirement to solicit competitive offers are:

(a) Educational tests, textbooks, instructional materials and equipment, films, filmstrips, video tapes, disc or tape recordings or similar audio-visual materials, graphic and computer based instructional software.

(b) Library books, reference books, periodicals, and other library materials and supplies.

(c) Purchases at the unit or contract prices established through competitive solicitations by any unit of government established by law or non-profit buying cooperatives.

(d) Food

(e) Services or commodities available only from a single or sole source.

(f) Professional services, including, but not limited to, artistic services, instructional services, health services, academic program reviews, lectures by individuals, attorneys, legal services, auditors, and management consultants.

(g) Information technology resources defined as all forms of technology used to create, process, store, transmit, exchange and use information in various forms of voice, video and data, and shall also include the personnel costs and contracts that provide direct information technology support consistent with each individual college's information technology plan.

(h) Single source procurements for purposes of economy or efficiency in standardization of materials or equipment.

(i) Items for resale.

(3) The college president or designee, may waive solicitation requirements in emergencies when there is an imminent threat to students, employees, or public safety or in cases when necessary to prevent damage to the facilities caused by an unexpected circumstance in accordance with rules established by the local board of trustees.

(4) When a board of trustees solicits the submittal of competitive offers and only one responsive offer is submitted, the college may purchase such products or service under the best terms it can negotiate.

Specific Authority: 946.519, 1001.02(1)(9), 1001.65 FS. Law Implemented: 1010.02, 1001.02(9), 1010.01 FS. History - Formerly 6A-8.121, Repromulgated 12-19-74, Amended 12-26-77, 6-12-83, 6-27-85, Formerly 6A-14734, Amended 9-30-86, 11-12-91, 12-18-94, 6-18-96, 2-10-99, 7-20-2004.

6A-14.075 Receipt, Deposit, and Withdrawal of Funds.Boards of trustees shall provide for the receipt, deposit and withdrawal of all funds received by the community college consistent with the following provisions.

(1) One or more qualified public depositories, as required by Section 136.01 Florida Statutes, and defined by Section 280.02 Florida Statutes, shall be designated by the board of trustees for the deposit of all funds of the board in accounts in the name of the board of trustees.

(2) All funds received by a community college from all sources shall be deposited intact in a designated depository as soon as practicable and a record shall be kept to identify the payer, the amount, and the purpose. Funds received from federal sources shall be accounted for separately, but may be deposited in a bank account with other college funds except when the terms of such receipt require a separate depository account. Direct support organizations of community colleges may separately receive and deposit appropriations per Section 1011.85 (8)-(10) Florida Statutes, and cash donations pursuant to Section 1004.70 Florida Statutes.

(3) Depository withdrawals shall be on numerically controlled checks signed by two (2) persons authorized by the board of trustees and bonded. Transfers of funds by electronic, telephonic, or other medium shall be according to rules of the board of trustees, shall provide adequate internal controls, and shall be confirmed in writing and signed by the designee of the board.

Specific Authority: 1001.02(1)(9), FS. Law Implemented: 1010.01, 1010.02 FS. History - Formerly 6A-8.131, Repromulgated 12-19-74, Amended 5-14-85, Formerly 6A-14.75, Amended 7-20-2004.

6A-14.076 FTE Calculation for the Community College Program Fund.

(1) The number of full-time equivalent students for the community college program fund is the college credits for which students register divided by thirty (30) or as otherwise specified by law. The number of hours for non-college credit instruction for which students register is nine hundred (900) contact hours or as otherwise provided by law.

(2) A student is registered in instruction that is subject to tuition, out-of-state fees upon payment, waiver, or deferment of the fees, pursuant to law and rule, and the recording of the transaction. A student is registered in instruction that is not subject to matriculation and tuition fees when the institution records the enrollment.

(3) When any fee refund results from a withdrawn registration, the credits or hours of instruction shall not be included in the calculation of full-time equivalent students.

Specific Authority: 1001.02(1)(9), 1010.58(1) FS. Law Implemented: 1010.58, 1010.01, 1010.02 FS. History - Formerly 6A-8.172, Repromulgated 12-19-74, Amended 12-26-77, 7-9-81, 8-29-85, Formerly 6A-14.76, Amended 6-1-86, 9-20-2004.

6A-14.0764 Capital Outlay and Debt Service.Pursuant to Section 9(d), Article XII, of the State Constitution, capital outlay and debt service funds shall be computed in accordance with Sections 1011.84 and 1010.58, Florida Statutes. The number of full-time equivalent students for capital outlay and debt service funding is the college credits and college preparatory credits for which students register divided by thirty (30) plus the hours of instruction for which students register in other instruction divided by eight hundred ten (810).

Specific Authority: 1001.02(1), 1001.02(9), 1011.84(2), FS. Law Implemented: 1010.58, 1011.84, 1010.01, 1010.02 FS. History - Formerly 6A-8.175, Repromulgated 12-19-74, Amended 6-27-85, Formerly 6A-14.764.

6A-14.0765 Investment of Funds. The investment of funds by community colleges shall be in accordance with the classification of funds in the accounting manual incorporated in Rule 6A-14.072, FAC.

(1) Current funds, plant funds, and agency funds may be invested as authorized in Section 218.415, Florida Statutes.

(2) Boards of trustees shall have authority to designate that funds due it be placed for investment in its account with the State Board of Administration investment pool or other authorized State investment pool account, rather than be deposited, and the board of trustees may direct those persons having money due to the board of trustees to pay such funds to the authorized State investment pool to make authorized investments for its accounts.

(3) Loan, endowment, annuity, and life income funds may be invested in securities in which the State Board of Administration is authorized to invest retirement funds pursuant to Section 215.47, Florida Statutes. To make such investments, the board of trustees shall adopt and adhere to an investment plan as described in Section 215.475, Florida Statutes. The investment plan shall be submitted to the State Board of Administration for review and comment. The college shall make all records of the entire investment operation available to the Auditor General for annual audit. Loan, endowment, annuity, and life income funds also may be invested pursuant to subsection (1) herein.

Specific Authority: 1001.02(1)(9), FS. Law Implemented: 1010.01, 1010.02 FS. History - Formerly 6A-8.l4, Repromulgated 12-19-74, Amended 12-26-77, 5-14-85, -Formerly 6A-14.765, Amended 8-29-89, 4-20-93, 8-28-95, 6-18-96, 7-20-2004.

6A-14.077 Auxiliary Services and Enterprises and Undesignated Gifts. Boards of trustees may operate or contract for auxiliary services and enterprises as defined in the accounting manual incorporated in Rule 6A-14.072, FAC., and may use funds generated from auxiliary operations and contracts and from undesignated gifts as provided herein.

(1) Auxiliary funds and undesignated gifts shall be spent according to rules of the board of trustees for the benefit of the college.

(a) The board of trustees may authorize a portion of such funds to be disbursed at the discretion of the president for: promotion and public relations and hospitality of business guests of the college. Hospitality expenditure shall not exceed one percent of the prior year total expenditures in the current unrestricted fund.

(b) The board of trustees may authorize other uses of such funds for the benefit of the college through its rules or by special action of the board.

(2) Funds used for purposes under subsection (1) of this rule shall be transferred to the appropriate fund of the community college and included in the appropriate budget.

Specific Authority: 1001.02(1)(9), 1010.08 FS. Law Implemented: 1010.08 FS. History - Formerly 6A-8.181, Repromulgated 12-19-74, Amended 11-18-84, Formerly 6A-14.771, Amended 7-20-2004.

Rule Index